PREPARATION OF LAND USE AND ENVIRONMENTAL APPLICATIONS

Following the Interdivisional Meeting, DCP will provide applicants with clear, written guidance on the land use and environmental applications. DCP suggests that any applicant that needs a Reasonable Worst Case Development Scenario for their project wait to prepare the land use application until after the applicant first meets with DCP’s Environmental Assessment and Review Division.

Draft land use applications should be prepared following the guidance discussed with DCP and as described in the Interdivisional Meeting minutes. Applicants should submit 3 paper copies and 1 digital copy of each application to the Lead Planner, or to Central Intake ONLY if the project is located in Manhattan. Draft CEQR Forms and Environmental Assessment Statements can be submitted to Central Intake in 2 paper copies and 1 digital copy.

LAND USE FORMS AND STANDARDS

Land use applications consist of a land use application form and attachments that clearly describe the proposed land use actions and any development that may be facilitated by, or approved, as a part of the proposed actions.

Note: Please be advised that all materials submitted to the New York City Department of City Planning (DCP) in connection with the application may be placed on the DCP website and used in DCP presentations regarding the application. These materials may also be subject to production by DCP pursuant to the Freedom of Information Law (FOIL) in Article 6 of the Public Officers Law.

The checklist can help applicants to understand what is required for each type of land use action. Application requirements will be confirmed by the Department of City Planning project team at the Interdivisional Meeting.

Click on an application type to see a detailed explanation of the requirements and to access standards and samples.

Special Policy Areas

LEGAL DOCUMENTS

The following boilerplate legal documents may be downloaded and modified to apply to a particular application. Instructions included within each document explain how the boilerplate forms may be used and the requirements for submission directly to the Counsel's Office. The current set of boilerplate legal documents is not comprehensive. Additional documents will be added in the future.

Please be advised that the Department of City Planning reserves the right to modify the provisions of its boilerplate as it deems necessary and may provide a more current version at any time. These provisions are not negotiable. The City of New York will not accept any alteration, deletion, or modification that reduces or otherwise changes the obligations of the Owner/Declarant or the rights of the City of New York.

Prior to executing or recording one of the following legal instruments, read the instructions at the bottom of this page, AND carefully review the " Common Errors To Avoid", which can be printed out and used as a checklist.

The following form waiver/subordination, (Download Waiver/Subordination Form), is to be used by mortgagees that are parties-in-interest but are not executing a Restrictive Declaration.

II. Certifications of Parties-In-Interest to a Zoning Lot

The Department of City Planning (“DCP”) will not accept such certification if certified by the title company more than four months prior to the date the associated Restrictive Declaration is executed. Notwithstanding the foregoing, DCP reserves the right to request a more recent certification.

III. Requirements for plans attached as exhibits

The plans attached as an exhibit must be signed and sealed.

The plans attached as an exhibit must be legible in a reduced format (8 ½ x 11 or 8 ½ x 14.) If not fully legible at this reduced size, larger plans must be segmented onto 8 ½ x 11 or 8 ½ x 14 pages.

Segmented plans should show overlap along the common edges.

A segmented plan need only be signed and sealed on one page. Each page of the exhibit with the segmented plans should contain the following notation: Exhibit B, [plan number], page 1 of X, 2 of X, etc. (where X is the total number of pages in the plan.)

IV. Recording
A. In Manhattan, Bronx, Brooklyn and Queens:

DCP must receive for review and sign-off, prior to recordation, two original versions of the fully executed Restrictive Declaration, Notice of Restrictions or Notice of Certification, including Exhibits. One of the originals will be returned to the applicant’s representative following approval for recordation, and the other will be retained by DCP.

DCP-approved Restrictive Declarations, Notices of Restrictions or Notices of Certification must be recorded by the applicant/applicant’s representative at the Office of the City Register in the Borough in which the property is located.

Restrictive Declarations, Notices of Restrictions and Notices of Certification must be filed as a "Sundry Miscellaneous" document type.

B. In Staten Island:

DCP must receive for review and sign-off, prior to recordation, two original versions of the fully executed Restrictive Declaration or Notice of Restrictions, including Exhibits. One of the originals will be returned to the applicant’s representative following approval for recordation, and the other will be retained by DCP.

DCP-approved Restrictive Declarations and Notices of Restrictions must be recorded by the applicant/applicant’s representative at the Office of the Richmond County Clerk.

Restrictive Declarations must be filed as a "Declaration" document type.

Notices of Restrictions must be filed as a "Notice" document type.

V. Proof of recordation
A. All documentation should be submitted directly to DCP Counsel's Office, to the
attention of the attorney assigned to the application.

B. In Manhattan, Bronx, Brooklyn and Queens, submit the documentation
described below in: